PLEASE READ THESE LICENCE TERMS CAREFULLY

Welcome to Entelechy Academy. These Terms and Conditions of Use (“

”) apply and govern your use of our services, whether through our website, mobile application or otherwise (the “

By using the Services, you agree to comply with and be bound by these Terms of Use. If you do not agree with these Terms of Use, you must not access or use the Services.

 if you pay for the benefit of these Services through a subscription that you pay for or are using them at Entelechy’s invitation.

 if you receive the benefit of the Services through your organisation.

The entirety of these Terms of Use apply to both Individual Users and Paid Access Users unless expressly stated otherwise.

Terms of Use

We, Entelechy Academy Limited of 21 Navigation Business Village Navigation Way, Ashton-On-Ribble, Preston, Lancashire, England, PR2 2YP, license you to use:

Entelechy Academy mobile application software and web services and related online or electronic documentation or other content that we provide to you as permitted in these terms, strictly in accordance with and subject to the provisions of this Agreement.

Who we are and what this agreement does

Under data protection legislation, we are required to provide you with certain	information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.

This information is provided in our Privacy Notice to be found here:

www.entelechy.academy/legal/privacy-policy 

Privacy Policy

www.entelechy.academy/legal/cookie-policy

And our Data Retention Policy to be found here:

www.entelechy.academy/legal/data-retention-policy

By your access and/or use of the Services, you agree to us collecting and	processing your data as described in these policies.

Your privacy

The ways in which you can use the Services may also be subject to the terms of the provider of the platform on which you access the Services (e.g., the Apple Services Store for Apple devices and the Google Play Store for Android Users) and you should familiarise yourself with those terms and the use that they make of your data.

Third party terms may also apply

Accounts may not be transferred or sold to another person. You are responsible for keeping your login credentials confidential and safe.

By using the Services, you agree to be fully responsible for all activities that occur under your username and password. Your account is personal to you and should not be shared with anyone else.

 if you think your personal information, including but not limited to your account, access credentials or personal data, have been violated, unduly disclosed or stolen.

 use the Services, Entelechy and/or your organisation will create and have the ability to de-activate your account. Alternatively, your organisation may request that you create an account and in doing so you are required to provide all required data or information in a complete and truthful manner. Failure to do so may lead to the Service being withdrawn from you.

to use the Services, you must register or create an account, providing all required data or information in a complete and truthful manner (

). Failure to do so may lead to the Service being withdrawn from you.

Account

You benefit from a subscription service that we provide to your associated organisation.

Other terms may apply to the Services in addition to these Terms and Conditions of Use, in particular the terms agreed between us and your organisation. Provided that your organisation obliges by its terms with us, you will receive the Service continuously or regularly over the subscription period.

Upon termination or expiry of the subscription with your organisation, we will contact you to:

inform you that the subscription has or is coming to an end and give you a period of 30 days to download any information that you have stored on the platform(s) that forms the Services. Please note that upon expiry of that 7-day notice, we reserve the right to de-activate your account; and

we may give you the opportunity to continue using the Services as an Individual User in accordance with these Terms of Use.

Should termination of your subscription occur, Entelechy reserves the right to your data in line with the data retention policy.

For the avoidance of doubt, once the subscription period expires with your organisation, the Services shall no longer be accessible, unless you take out a subscription as an Individual User.

Subscriptions will occur as per the subscription duration. The subscription allows you to receive the Service continuously or regularly over the subscription period.

In respect of subscriptions that are on a monthly rolling basis, payments will be taken one month in advance.

Unless a subscription is cancelled before the billing renewal date, the fees and charges will be charged on a rolling basis to your nominated payment method.

We reserve the right to vary the fees charged for our subscriptions from time to time. If fees are varied through the exercise of this right, then we will inform you of any such variation and provide you with one month’s notice of any such change.

Subscription fees will apply regardless of whether or not you use your subscription and we do not offer refunds or credits for unused subscription periods, accidental purchases, or any similar reason or event.

Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee.

If any subscription fees or charges billed to your account are not processed for any reason, then we have the right to suspend your subscription until all fees and charges have been paid in full.

Subscriptions will rollover to full-priced membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue until terminated.

You must notify us of any changes to your personal information which was provided by you in the Account Creation process by contacting 

You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by us in collecting any unpaid subscription fees or charges from the you.

The above shall prevail upon any conflicting or diverging provision of these terms.

Subscriptions

 payments will be taken by third parties such as the Google Play Store and the Apple Services Store and are subject to the terms and conditions of those third parties. In order for you to access the Services, you must submit valid payment details nominating a payment method. Valid payments will be processed once your request has been accepted by us.

Payment

If you are an Individual User (and not a Paid Access User) this section 7 applies:

. For some products, where you purchase as a consumer, rather than as a business, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This would apply to, for instance Services before you have started to use them. 

. In addition, where you purchase the Services as a consumer we offer a goodwill guarantee for the Services however they are purchased. This is more generous than your legal rights in that it offers you a 14-day free trial before you start to pay, during which you can terminate at any time (and if you cancel during the trial then you do not pay at all). This goodwill guarantee does not affect your legal rights.

Please note that after the 14-day trial, if you continue to use the Services you will be charged.

After the 14-day trial period you may tell us to terminate your subscription with us at any time and for any reason and your contract will terminate at the end of the month that you notify us. Please note that unless we have broken these terms with you, we do not refund the fees for the remainder of the month in which you asked us to terminate.

. To let us know you want to change your mind, or terminate the contract, contact our Customer Service Team: 

Please note that deleting the Services without cancelling your subscription via the Apple Store or Google Play Store will not terminate your payments, and they will continue to be taken.

You have to pay for services you received before you change your mind

. If you bought a service (such service being any service available at that time) we do not refund you for the time you were receiving it before you told us you'd changed your mind.

Cancellation or Termination by you

We may end your rights to use the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Services:

You must stop all activities authorised by these terms, including your use of the Services.

You must delete or remove the Services from all devices in your possession and immediately destroy all copies of the Services which you have and confirm to us that you have done this.

In the event of non-payment, if you are a Paid Access User, your account will be deactivated and you will lose access to your data. Upon account deactivation your data will be stored by us, in case you should wish to re-activate your account at any time. Should you wish to have it deleted completely, you must contact us at 

. If after 3 years, you have not re-activated your account, your details will be permanently deleted.

Termination by us

. If you want to learn more about the Services or have any problems using them please contact our customer service team at 

Contacting us (including with complaints)

. If you think the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at 

. If we have to contact you, we will do so by email using the contact details you have provided to us or via the website, web app or mobile app.

Support for the Services and how to tell us about problems

You must be 16 or over to accept these terms and buy the Services.

You must be over 16 years old to accept these terms, use and receive the Services

If you are an Individual User (and not a Paid Access User) this section 11 applies:

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

If these changes result in a substantive change to how you receive the Services, we will give you at least 30 days’ notice of any change by sending you an email.

Continued use of the Services will be your acceptance to any change.

If you do not accept the notified changes to the Services you can cancel your subscription as set out above.

Changes to these terms

From time to time we may automatically update the Services and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. The providers of the underlying operating system on which you access the Services might also make changes, which are beyond our control. Alternatively, we may ask you to update the Services for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Services.

Update to the Services and changes to the Services

If you download or stream the Services onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

If someone else owns the phone or device you are using

The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such sites, including whether to buy any products or services offered by them.To the extent users are encouraged to provide information themselves on or through the services please note that terms and policies may apply to that user generated content.

We are not responsible for other websites you link to

not rent, lease, sub-license, loan, provide, or otherwise make available, the Services or the Services in any form, in whole or in part to any person without prior written consent from us;

not copy the Services, except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these terms;

not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Services to obtain the information necessary to create an independent program that can be operated with the Services or with another program (

), and provided that the information obtained by you during such activities:

is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to the Services;

is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Services or any Service.

Licence restrictions

not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;

not infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that such use is not licensed by these terms);

not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;

not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Acceptable use restrictions

All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, any content, (including content generated by users), the documentation or the Services other than the right to use them in accordance with these terms.

We hold perpetual license to distribute media content, share your aggregated anonymised data and utilise any non-personally identifiable qualitative content. Should you wish to request for your content or data not to be shared then contact 

Intellectual property rights

There may be occasions from time to time where we are responsible for loss or damage suffered by you. In all cases, we limit the liability of any financial sum required from us to you, to the amount of:

 – The price of the pro-rata rate card of an individual user against the group company purchase.

We are responsible to you for foreseeable loss and damage caused by us

. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property

. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.

. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Services and the Services

. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Services

. We recommend that you periodically download and/or take copies of information used in connection with the Services, to protect yourself in case of problems with the Services or loss of data.

Check that the Services are suitable for you

. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services (as described on the Google Play Store and Apple AppStore site and relevant associated documentation) meet your requirements. 

We are not responsible for events outside our control

. If our provision of the Services or support for the Services or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Our responsibility for loss or damage suffered by you

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

We may transfer this agreement to someone else

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

No rights for third parties

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If a court finds part of this contract illegal, the rest will continue in force

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Even if we delay in enforcing this contract, we can still enforce it later

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Customer Terms and Conditions

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